RESIDENT MAGISTRATE COURT.

Westport Times, Volume V, Issue 783, 2 March 1871, Page 2

RESIDENT MAGISTRATE COURT.

Tuesday, Feb. 28. (Before J. Giles, Esq., E.M.) CIVIL CASE. Munro and M'Laren v Rowlands.—His Worship proceeded to give judgment in this case. The action had been brought by the plaintiffs to recover from the defendant the sum of .£22 15s 3d, which included the amount of =£9 paid for a lease, the costs of preparing certain deeds of agreement, and also the costs of an action against one Bonguelmi Luigi. He must say that the defence set up was one that he did not think could be sustained against the present claim. All he had to decide was whether the plaintiffs had been empowered to act as agents for the defendant, and whether they, acting in that capacity, had incurred certain liabilities, and expended certain moneys in hi 3 behalf. The question as to whether the agreement was scarried out, did not affect the present action. It was possible that the defendant, in undertaking to g>e the plaintiffs ,£4OO worth of scrip, in consideration of their floating the Company, and performing certain stipulations, thought at the time that all preliminary expenses would be paid by the plaintiffs, but, if such was the intention, it was not expressed either verbally or in the agreement. On the other hand, in the absence of anything to the contrary, the plaintiffs would, he thought, act under the belief that all essential preliminary expenses would bo paid by the defendant. In treating the items, however, of which the claim was composed, he was of opinion that they did not all rest on the same footing. He should allow the item of £9 cash paid for survey of the lease, and <£') 7s 4d, the expense of drawing up the first deed. The costs of the action against Bonguelmi Luigi, and of the remaining documents, amounting in all to £S 8s 4d, were matters from winch ho considered the plaintiffs derived greater advantage than the defendant. The judgment would be, therefore, for £l4 7s 4d and costs. Mr Pitt applied for the costs of the plaintiff, M'Laren, he Laving attended from Addison's Flat. His Worship granted 18s additional costs for M'Laren. A. Brown v. Dowd—Claim for ,£l2 13s lOd. Judgment for the plaintiff by default in the amount claimed and costs. Roach v. Holmes—Claim for damages, £4 17s. Mr Pitt appeared for the plaintiff. After some discussion between the Bench and counsel, it was decided to proceed with the case. Peter Roach : I am the plaintiff in this case, and am a licensed waterman on the Buller Eiyer. On the night of February 1 left my boat moored Btem and stern to the Kcunedy-btreet Wharf. The boat was well within the line of the wharf about five feet or six feet, and there was a southeasterly wind blowing, so that she could not drive out into the stream. Tho next morning I found the p.s. Charles Edward at the wharf, and my boat was smashed. It cost £3 17s to repair it, and I paid £1 for a fortnight's hire of a boat pending the repairs. Captain Holmes, on my asking him, denied all knowledge of having injured the boat. Henri Pain stated that he saw the

steamer Charles Edward enter the river early in February. She had some difficulty in getting alongside the wharf. He presently heard a smash, and looking over the wharf, saw the plaintiff's boat smashed. It was the paddle-wheel that caused the breakage. Judgment for the plaintiff in tho amount claimed and costs. Ferguson v Zachariah.—Olaim for £1 12s 6d. Judgment for the plaintiff by default, iu the amount claimed and costs. Brown v Hogan—Claim for j£4 3s for goods. The plaintiff was non-suited, being unable to prove delivery of tho goods. Brown v Milne—Claim for £3 7s 7d. Judgment for the plaintiff by default in the amount claimed and cost 3.